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degrading treatment, and we[re] qualified as terrorists without [their] liability
being proven; they also suffered an arbitrary and unfair detention and were
exposed to hate, public despise, harassment, and discrimination, all of which
affected [their] mental health and self-esteem;”
c)
The “degrading and humiliating treatment” that Wilson García-Asto, and
consequently, directly or indirectly, all his next of kin, had to endure, constitutes
a violation of Article 11(1) of the American Convention;
d)
The detention conditions that Wilson García-Asto had to endure caused
“serious damage to [his] self-esteem, and, consequently, to [his] mental health
and to that of [his] next of kin. The fact of having a relative imprisoned for a
crime of terrorism generated a stigma for the next of kin, who were repudiated,
discriminated, and isolated by relatives and friends and by society as a whole;”
e)
Urcesino Ramírez-Rojas was detained, investigated, tried and convicted
of the crime of terrorism in violation of his “privacy, since the State arrested him
in his house, without an arrest warrant and without being in flagrante delicto, and
accused [him] as perpetrator of the crime of terrorism, without any other
evidence than its own interpretations, which did not have any connection to the
crime of which he was accused;
f)
Urcesino Ramírez-Rojas was called “terrorist” or “terruño” when being
accused as “perpetrator of the crime of terrorism, before he was fo[und] guilty in
a trial, thus violating [his] right to privacy;”
g)
The humiliating and degrading treatment that Urcesino Ramírez-Rojas
and his next of kin had to endure, as well as “the humiliating and degrading
treatment […] he still has to endure, have affected [his] mental health and selfesteem;”
h)
The documents that the Police took from Urcesino Ramírez-Rojas, which
were considered as “terrorist literature” are of an academic nature and could be
part of any professional database. The exercise of a liberty recognized by the
Convention, to express thoughts or participate in groups that have a common
thought, “led the State to the violation of [his] Right to Privacy” as embodied in
Article 11 of the Convention, regarding Article 13 thereof;
i)
The conduct of Urcesino Ramírez-Rojas “only constituted the exercise of
his right to search for and receive information.” Exercising this right, and as a
consequence of his parliamentary advisor status, he “received information
regard[ing] the terrorist organization Shining Path;”
j)
“The facts alleged, as a whole, also affected [the] family background [of
the alleged victims]; [their] detention conditions[,] the constant transfers which
made visits almost impossible for their next of kin, as well as the conditions in
which they were held, caused suffering and constant worry to [their] next of kin;
consequently, the State “has violated Article 5 regarding the rights of the family
(Article 17);” and
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